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[quote=Anonymous][quote=Anonymous][quote=Anonymous]Read the opinion.  The government looks like the group of the most incompetent people ever.

https://storage.courtlistener.com/recap/gov.uscourts.mdd.589189/gov.uscourts.mdd.589189.110.0_2.pdf[/quote]

Can you just give us the gist of it? Most of us aren’t lawyers.[/quote]

This is AI and it skips the fun parts like the court finding that the government didn't stonewall, bu tAFFIRMATIVELY MISLED the court.  There is a lot there.

"The Court's decision was based on two primary arguments:

Lack of Lawful Removal Order: The Court found that Abrego Garcia's detention was without lawful authority because Respondents (DHS, ICE officials, and the Attorney General) were holding him to effectuate third-country removal under 8 U.S.C. § 1231, but no explicit, final order of removal exists. The Court determined that the prior 2019 decision granting him statutory withholding of removal was legally distinct and did not constitute an order of removal, which is required for detention under that statute.

Due Process Violation (Zadvydas): The Court also found that the continued detention violated due process. The government's conduct—repeatedly notifying Abrego Garcia of removal to countries that were not viable (Uganda, Eswatini, Ghana) while actively refusing to process his removal to Costa Rica, which had consistently offered him residency—indicated that the detention was not for the "basic purpose" of timely effectuating removal. The Court noted that Respondents appeared to have "affirmatively misled the tribunal" regarding Costa Rica's willingness to accept him.

The Court ordered Abrego Garcia's immediate release, after which he would be subject to the previously imposed release conditions, including home detention with electronic monitoring, from his separate criminal case."[/quote]

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